(1) In this Act: Australian fishing vessel has the same meaning as in theof the Commonwealth and includes a fishing fleet support vessel within the meaning of that Act. Navigation Act 1912 authorised officer means:
(a) a harbour master, or (b) a police officer, or (c) a person (or a person of a class) appointed as an authorised officer under section 96. commercial vessel means:
(a) any vessel used or intended to be used for or in connection with any business or commercial activity, including (but not limited to) a vessel used or intended to be used wholly or principally for:
(i) carrying passengers or cargo for hire or reward, whether within or outside State waters or in the course of overseas or interstate voyages, or (ii) providing services to vessels for reward, or (b) a vessel used or intended to be used by the Crown in any capacity. crew of a vessel means the persons (including the master of the vessel) whose duty it is to navigate or work the vessel or to carry out other operations on the vessel.exercise a function includes perform a duty.function includes a power, authority or duty.harbour master means a person appointed as harbour master under Part 7 and, in relation to a function of a harbour master under the marine legislation, includes a person appointed under Part 7 to exercise that function.interstate voyage has the same meaning as in theof the Commonwealth. Navigation Act 1912 length means length overall.marine legislation means any of the following Acts (and the regulations and other instruments made under any of those Acts):
this Act, , Ports and Maritime Administration Act 1995 . Marine Pollution Act 1987 marine pilot of a vessel means the person who has the conduct of the vessel but who does not belong to the vessel.marine safety licence means a marine safety licence referred to in section 29.Maritime Authority means the Maritime Authority of NSW constituted under Part 4 of the. Ports and Maritime Administration Act 1995 master of a vessel means the person having the command or charge of the vessel, but does not include a marine pilot.navigable waters means all waters (whether or not in the State) that are from time to time capable of navigation and are open to or used by the public for navigation, whether on payment of a fee or otherwise.navigation aid means any device used for the safety of navigation (such as a beacon, buoy or marine mark), but does not include a device on board a vessel.operate a vessel includes:
(a) to determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel (whether or not the vessel is underway), and (b) to pilot the vessel, and (c) in the case of the owner of the vessel, to cause or allow the vessel to be operated by someone else. overseas voyage has the same meaning as in theof the Commonwealth. Navigation Act 1912 owner of a vessel is defined in section 7.pilotage andpilotage port have the same meanings as in Part 6.pleasure craft has the same meaning as in theof the Commonwealth. Navigation Act 1912 port includes any of the following waters (or any part of those waters):
(a) any harbour or haven, whether natural or artificial, (b) any estuary, channel, river, creek or roadstead, (c) any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers. Port Corporation means Newcastle Port Corporation, Port Kembla Port Corporation or Sydney Ports Corporation.recreational vessel means a vessel other than a commercial vessel.registrable vessel is defined in section 49.State waters means any navigable waters within the limits of the State or the coastal waters of the State (within the meaning of Part 10 of the). Interpretation Act 1987 Note— Part 10 of the defines Interpretation Act 1987 coastal waters of the State generally as that part of the territorial sea of Australia that is within 3 nautical miles of the coast. Thedefines Marine Pollution Act 1987 State waters differently for the purposes of that Act (the definition extends to all the territorial sea adjacent to the State and only limited other internal waters of the State.vessel is defined in section 5.
(1) Except as provided by this section, this Act does not apply to or in respect of a vessel belonging to the Defence Force of Australia or to the naval, military or air forces of any other country.
(1) The Minister may prohibit or regulate the operation of vessels in navigable waters by a notice displayed in or in the vicinity of those waters. (2) The Minister may, by such a notice, impose any restriction considered appropriate for the safety of the public or for the protection of vessels or other property. In particular, the Minister may impose restrictions on:
(a) the speed of vessels, or (b) the creation of wash by vessels, or (c) the mooring or anchoring of vessels, or (d) the use of vessels for particular purposes. (3) A notice under this section may apply:
(a) to vessels generally or to any class of vessels specified in the notice, and (b) at all times or at such times as may be specified in the notice, and (c) in any other circumstances specified in the notice.
(1) In this section, special event means a major race for vessels or other event that may affect the safety of navigation in any particular waters.(2) The Minister may prohibit or regulate the operation of vessels in specified navigable waters during a special event by public notice. (3) Such a notice is to be published:
(a) in a newspaper circulating throughout the State or, if the Minister approves in a particular case or class of cases, in a newspaper circulating in the locality concerned, and (b) in such other manner as the Minister considers appropriate.
(1) A person must not operate a vessel in any navigable waters:
(a) negligently, or (b) recklessly, or (c) at a speed or in a manner dangerous to the public. Maximum penalty:
(a) if the operation of the vessel occasions death or grievous bodily harm—1,000 penalty units (where the vessel is a seagoing ship), 100 penalty units (where the vessel is any other commercial vessel) or 50 penalty units (where the vessel is a recreational vessel), or imprisonment for 2 years, or both, or (b) if the operation of the vessel does not occasion death or grievous bodily harm—1,000 penalty units (where the vessel is a seagoing ship), 100 penalty units (where the vessel is any other commercial vessel) or 50 penalty units (where the vessel is a recreational vessel).
(1) An authorised officer may give a direction to a person in, on or near navigable waters if the officer believes on reasonable grounds that:
(a) the giving of the direction is necessary to ensure the safety of any person, or to prevent damage to property, in, on or near navigable waters, and (b) the direction is reasonable in the circumstances for achieving that objective. (2) A person must not fail to comply with a direction given under this section to the person, whether or not the person may contravene another provision of the marine legislation by obeying the direction. Maximum penalty: 30 penalty units.
(1) In this section: aquatic activity means:
(a) a race, competition or exhibition (whether or not involving vessels or equipment) that is conducted in or on any navigable waters, or (b) any other activity (whether or not involving vessels or equipment) that is conducted in or on any navigable waters and that restricts the availability of those waters for normal use by the public. conduct an aquatic activity includes promote or organise the activity.
(1) The regulations may make provision for or with respect to the safety of navigation.
(1) In this Part and in Schedule 1: breath analysing instrument has the same meaning as in the. Road Transport (Safety and Traffic Management) Act 1999 breath test has the same meaning as in the. Road Transport (Safety and Traffic Management) Act 1999 drug has the same meaning as it has in the. Road Transport (Safety and Traffic Management) Act 1999 juvenile means a person who is not more than 16 years of age.major offence means:
(a) the crime of murder or manslaughter or an offence against section 33, 35, 53 or 54 or any other provision of the , being a crime or offence by which the death of or bodily harm to another person was caused by or arose out of the operation of a vessel, or Crimes Act 1900 (b) an offence against this Part. operate a vessel includes:
(a) being towed by a vessel, whether on a water ski, aquaplane, paraflying device or other device, or (b) act as observer on a vessel, for safety purposes, of any person being towed by the vessel, or (c) supervise a juvenile operator of a motor vessel.
(1) Offence—youth range prescribed concentration of alcohol A person who is under 18 years of age must not operate a vessel in any waters while there is present in his or her breath or blood the youth range prescribed concentration of alcohol. Maximum penalty: 10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).
(1) Alternative verdict for lesser offence in prosecution for middle range prescribed concentration of alcohol If, on a prosecution of a person for an offence under section 24 (4), the court is satisfied that, at the time the person operated the vessel, there was not present in the person’s breath or blood the middle range prescribed concentration of alcohol but there was present in the person’s breath or blood the low range prescribed concentration of alcohol, the court may convict the person of an offence under section 24 (3).
(1) It is not a defence to a prosecution for an offence under section 24 (1) if the defendant proves that, at the time he or she was operating the vessel, there was present in the defendant’s breath or blood a concentration of alcohol of 0.02 grammes or more in 210 litres of breath or 100 millilitres of blood.
(1) If a person is convicted of an offence against this Part in relation to the operation of a vessel and, at the time the offence was committed, the person was required by or under this Act to hold a marine safety licence in order to operate the vessel, the court may, by order:
(a) cancel or suspend the licence, and (b) disqualify the convicted person from holding or obtaining a marine safety licence for a period specified by the court.
(1) A vessel (other than a recreational vessel, a commercial vessel that is an Australian fishing vessel or a pleasure craft or an Australian fishing vessel) is exempt from registration under this Act if the vessel is in State waters and is proceeding on an interstate voyage or an overseas voyage. An Australian fishing vessel is exempt from registration under this Act if it is in State waters and is proceeding on an overseas voyage.
(1) The owner of a registrable vessel must not operate the vessel in State waters unless the vessel is registered under this Act and the owner is the holder of the vessel registration certificate.
(1) A person who is disqualified by or under any Act from holding or obtaining a boat driving licence under this Act must not:
(a) operate a recreational vessel to which this Division applies as its master during the period of disqualification, or (b) make an application for a boat driving licence under this Act during the period of disqualification and in respect of the application state his or her name falsely or incorrectly or omit to mention the disqualification. Maximum penalty: 100 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 125 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence). (2) Subsection (1) does not apply to the operation of a vessel in circumstances prescribed by the regulations.
(1) Pilotage is compulsory in every pilotage port.
(1) A harbour master may appoint any person to exercise, in relation to the port for which he or she is the harbour master, the harbour master’s functions under the marine legislation. The power to make an appointment under this section is subject to any directions given to the harbour master by the Minister. (2) An appointment under this section may be general or may apply only to the exercise of such functions as are specified in the instrument of appointment.
(1) The Minister may appoint as the investigator for the purposes of an investigation:
(a) an authorised officer, or (b) any other person possessing qualifications or experience relevant to the investigation.
(1) The Minister may take any action that is available to the Minister in connection with a report submitted by an investigator.
(1) An authorised officer may require information about the owner or master of a vessel under this section for the purpose of an investigation.
(1)
(1) The Minister may cause inspections to be carried out of public ferry wharves. (2) The Minister may appoint a person who may be appointed as an investigator under Division 3 to carry out any such inspection.
(1) The Minister may give an improvement notice to the owner of a public ferry wharf, or a person responsible for the maintenance of any such wharf, if the Minister is of the opinion that it is necessary to do so to ensure the safety of persons using, or operating, public passenger services provided by ferries. (2) An improvement notice may require the person to undertake remedial safety work with respect to the public ferry wharf.
(1) A person who is given a notice under this Division may apply in writing to the Minister for a review of the notice. (2) The application for review must be made within 7 days after the notice is given, or, if the regulations prescribe a different period, within the period so prescribed.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) The regulations may exempt, or provide for the exemption of, any person or vessel from any requirement of the regulations.
(Section 28C)
(Section 142)
(Section 143)